Common use of Solicitation of Holders of Notes Clause in Contracts

Solicitation of Holders of Notes. The Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each record holder of the Notes and each record holder of May 1995 Series Notes and April 1994 Series Notes (irrespective of the amount of Notes or May 1995 Series Notes or April 1994 Series Notes then owned by it) shall concurrently be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. Executed or true and correct copies of any waiver or consent effected pursuant to the provisions of this Section 9 shall be delivered by the Company to each holder of outstanding Notes and each holder of May 1995 Series Notes and April 1994 Series Notes forthwith following the date on which the same shall have become effective in accordance with the terms thereof and of this Section 9. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any holder of Notes or any holder of May 1995 Series Notes or April 1994 Series Notes as consideration for or as an inducement to the entering into by any holder of Notes or any holder of May 1995 Series Notes or April 1994 Series Notes of any waiver or amendment of any of the terms and provisions of this Agreement unless such remuneration is concurrently paid, on the same terms, ratably to the holders of all Notes, May 1995 Series Notes and April 1994 Series Notes then outstanding. Any consent made pursuant to this Section 9 by a holder of Notes that has transferred or has agreed to transfer its Notes to the Company or any Affiliate or has agreed to provide such written consent as a condition to such transfer shall be void and of no force and effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes and holders of May 1995 Series Notes and April 1994 Series Notes that were acquired under the same or similar conditions) shall be void and of no force and effect, retroactive to the date such amendment or waiver initially took or takes effect, except solely as to such holder.

Solicitation of Holders of Notes. The Company and the Guarantor will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement Agreement, the Notes, the Subsidiary Guarantees or the Notes any Security Document unless each record holder of the Notes and each record holder of May 1995 Series Notes and April 1994 Series Notes (irrespective of the amount of Notes or May 1995 Series Notes or April 1994 Series Notes then owned by it) shall concurrently be informed thereof by the Company and the Guarantor shall be afforded the opportunity of considering the same and shall be supplied by the Company and the Guarantor with sufficient information to enable it to make an informed decision with respect thereto. The Company and the Guarantor will pay all reasonable attorney fees and expenses incurred by each holder of the Notes in connection with the review, evaluation and documentation of any proposed amendment, waiver or consent in respect of any of the provisions of this Agreement or of the Notes, the Subsidiary Guarantee or the Security Documents. Executed or true and correct copies of any waiver or consent effected pursuant to the provisions of this Section 9 shall be delivered by the Company and the Guarantor to each holder of outstanding Notes and each holder of May 1995 Series Notes and April 1994 Series Notes forthwith following the date on which the same shall have become effective in accordance with been executed and delivered by the terms thereof and holder or holders of this Section 9the requisite percentage of outstanding Notes. The Neither the Company will notnor the Guarantor will, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any holder of Notes or any holder of May 1995 Series Notes or April 1994 Series the Notes as consideration for or as an inducement to the entering into by any holder of Notes or any holder of May 1995 Series Notes or April 1994 Series the Notes of any waiver or amendment of any of the terms and provisions of this Agreement Agreement, any Subsidiary Guarantee or any Security Document unless such remuneration is concurrently paid, on the same terms, ratably to the holders of all Notes, May 1995 Series Notes and April 1994 Series Notes then outstanding. Any consent made pursuant to this Section 9 by a each holder of Notes that has transferred or has agreed to transfer its Notes to the Company or any Affiliate or has agreed to provide such written consent as a condition to such transfer shall be void and of no force and effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes and holders of May 1995 Series Notes and April 1994 Series Notes that were acquired under the same or similar conditions) shall be void and of no force and effect, retroactive to the date such amendment or waiver initially took or takes effect, except solely as to such holderthen outstanding Notes.

Solicitation of Holders of Notes. (a) The Company will not solicitprovide each holder of a Note with sufficient information, request or negotiate for or sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision with respect to any proposed amendment, waiver or amendment consent in respect of any of the provisions of this Agreement hereof, any Supplement or the Notes unless each record holder of the Notes and each record holder of May 1995 Series Notes and April 1994 Series Notes (irrespective of the amount of Notes or May 1995 Series Notes or April 1994 Series Notes then owned by it) shall concurrently be informed thereof by the any Subsidiary Guaranty. The Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. Executed will deliver executed or true and correct copies of any each amendment, waiver or consent effected pursuant to the provisions of this Section 9 shall be delivered by the Company 17 or any Subsidiary Guaranty to each holder of outstanding Notes and each holder of May 1995 Series Notes and April 1994 Series Notes forthwith a Note promptly following the date on which it is executed and delivered by, or receives the same shall have become effective in accordance with consent or approval of, the terms thereof and requisite holders of this Section 9. Notes. (b) The Company will not, not directly or indirectly, indirectly pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, or grant any security or provide other credit support, to any holder of Notes or any holder of May 1995 Series Notes or April 1994 Series Notes a Note as consideration for or as an inducement to the entering into by any such holder of Notes or any holder of May 1995 Series Notes or April 1994 Series Notes of any waiver or amendment of any of the terms and provisions hereof, any Supplement or of this Agreement any Subsidiary Guaranty or any Note unless such remuneration is concurrently paid, or security is concurrently granted or other credit support concurrently provided, on the same terms, ratably to the holders each holder of all Notes, May 1995 Series Notes and April 1994 Series Notes then outstanding. a Note even if such holder did not consent to such waiver or amendment. (c) Any consent made given pursuant to this Section 9 17 or any Subsidiary Guaranty by a holder of Notes a Note that has transferred or has agreed to transfer its Notes Note to (i) the Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with the Company and/or any of its Affiliates (either pursuant to a waiver under Section 17.1(a)(iii) or any Affiliate or has agreed subsequent to provide Section 8.5 having been amended pursuant to Section 17.1(a)(iii)), in each case in connection with such written consent as a condition to such transfer consent, shall be void and of no force and or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes and holders of May 1995 Series Notes and April 1994 Series Notes that were acquired under the same or similar conditions) shall be void and of no force and effect, retroactive to the date such amendment or waiver initially took or takes effect, effect except solely as to such holder.

Solicitation of Holders of Notes. The Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each record holder of the Notes and each record holder of May 1995 Series Notes and April October 1994 Series Notes (irrespective of the amount of Notes or May 1995 Series Notes or April October 1994 Series Notes then owned by it) shall concurrently be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. Executed or true and correct copies of any waiver or consent effected pursuant to the provisions of this Section 9 shall be delivered by the Company to each holder of outstanding Notes and each holder of May 1995 Series Notes and April October 1994 Series Notes forthwith following the date on which the same shall have become effective in accordance with the terms thereof and of this Section 9. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any holder of Notes or any holder of May 1995 Series Notes or April October 1994 Series Notes as consideration for or as an inducement to the entering into by any holder of Notes or any holder of May 1995 Series Notes or April October 1994 Series Notes of any waiver or amendment of any of the terms and provisions of this Agreement unless such remuneration is concurrently paid, on the same terms, ratably to the holders of all Notes, May 1995 Series Notes and April October 1994 Series Notes then outstanding. Any consent made pursuant to this Section 9 by a holder of Notes that has transferred or has agreed to transfer its Notes to the Company or any Affiliate or has agreed to provide such written consent as a condition to such transfer shall be void and of no force and effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes and holders of May 1995 Series Notes and April October 1994 Series Notes that were acquired under the same or similar conditions) shall be void and of no force and effect, retroactive to the date such amendment or waiver initially took or takes effect, except solely as to such holder.